34-4.2 - Additional exemption for parents of dependent children.
§ 34-4.2. Additional exemption for parents of dependent children.
A. Where a parent supports a dependent minor child or children residing withhim, that parent can hold exempt from wage garnishment, in addition to theproperty or estate that he is entitled to hold exempt from creditor processunder §§ 20-108.1, 34-4, 34-4.1, 34-26, 34-27, 34-29, and 64.1-151.3, anadditional amount for the support of the child or children as follows: $34per week for one child; $52 per week for two children; and $66 per week forthree or more children. This additional wage exemption amount shall not beavailable to a parent whose household gross income, including any supportpayments for children living in the home, exceeds $1,750 per month. Forpurposes of this section, "household gross income" means all income fromall sources, and shall include, but not be limited to, salaries, wages,commissions, royalties, bonuses, dividends, severance pay, pensions,interest, trust income, annuities, capital gains, social security benefits,workers' compensation benefits, unemployment insurance benefits, disabilityinsurance benefits, veterans' benefits, child support, spousal support,rental income, gifts, prizes or awards paid to any adult living in thehousehold or to the dependent child.
B. To claim this wage exemption, the parent shall attach to the claim forexemption form set forth in § 8.01-512.4 an affidavit and two items of proofshowing that the debtor is entitled to this additional wage exemption. Theaffidavit shall contain the following statement:
AFFIDAVIT CONCERNING DEPENDENT CHILDREN
AND HOUSEHOLD INCOME
Having been duly sworn, I, . . . . . . . . . . ., depose and state the
following to be true, accurate and complete:
1. I support . . . . . . (number) dependent children, whose names and ages are
as follows. For each child I have included the amount of monthly child
support I receive (including voluntary support payments and payments made
pursuant to a court or administrative order), and, if the child is employed or
has other income, the amount of the child's gross monthly income. (If you
receive no support for the child and the child has no income, insert zero.)
Full legal name of child Age Child's gross monthly support and income
.................... ...... ....................
.................... ...... ....................
.................... ...... ....................
.................... ...... ....................
(attach additional pages if necessary)
2. My personal gross monthly income, not including any of the above amounts,
is $. . . . . . . .
3. The following are the names and gross monthly incomes of all people who
reside with me in the same house, apartment or other dwelling, other than the
above-named dependent minor child or children. (If the household resident has
no income, insert zero.)
Full legal name of household residents Gross monthly income
.................... ....................
.................... ....................
.................... ....................
.................... ....................
(attach additional pages if necessary)
4. I swear or affirm that no person other than the above-named individuals
resides with me and that I reside with no person other than the above-named
individuals.
. . . . . . . . . . . . (signature of debtor)
. . . . . . . . . . . . (date)
Commonwealth of Virginia:
City/County of . . . . . . . . . . ., to wit:
Subscribed and sworn to before me, the undersigned Notary Public, this . . . .
. . . day of . . . . . . (month), . . . . . .. (year)
Notary Public: . . . . . . . . . . ..
My commission expires: . . . . . . . . . . ..
(2009, c. 332.)